Meganathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021

CORAM:

The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mrs.JUSTICE S.ANANTHI Meganathan

...Petitioner

Vs.

1.The District Collector O/o. District Collector, Trichy.

2.The Tahsildar Thiruverumbur Taluk, Trichy District.

3.The Block Development Officer O/o. Block Development Office, Panchayat Union Office, Thiruverumbur, Trichy District.

4.The President Kiliyur Village Panchayat, Kiliyur, Thiruverumbur, Trichy District.

5.Dhanalakshmi 6.Rukmani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of Mandamus, directing the Respondents 1 to 4 to remove the encroachments made by Respondents No.5 and 6 in the common pathway situated in Natham S.No. 321/14 and 321/19 at Kiliyur Village, Thiruverumbur Taluk, Trichy District.

For Petitioner : Mr.R.Murali For Respondents 1 to 3 : Mr.A.K.Manickkam, Standing Counsel for Government

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM,J.] We have heard Mr.R.Murali, learned counsel appearing for the petitioner and Mr.A.K.Manickkam,, learned Standing Counsel for 1/3

Government appearing for the respondents 1 to 3. 2.This writ petition has been filed to direct the respondents 1 to 4 to remove the encroachments made by the respondents 5 and 6 in a common pathway.

3.In the light of the instructions received by the learned Standing Counsel for Government appearing for the respondents 1 to 4, vide Na.Ka.No.A1/4343/2018, dated 26.07.2021, we are inclined to dispose of the writ petition, without notice to the respondents 5 and 6.

4.The second respondent, Tahsildar, Thiruverumbur Taluk, Trichy District, has stated that on inspection being conducted, it has been ascertained that there is an encroachment and directions have been issued to the Block Development Officer, Thiruverumbur, to take appropriate action.

5.In the light of the stand taken by the second respondent, we direct the third respondent, the Block Development Officer, Thiruverumbur, to issue notice to the respondents 5 and 6, grant reasonable time for them to submit their explanation and after affording reasonable opportunity, proceed to take action in accordance with law. This direction be complied with within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Collector O/o. District Collector, Trichy.

2/3

2.The Tahsildar Thiruverumbur Taluk, Trichy District.

3.The Block Development Officer O/o. Block Development Office, Panchayat Union Office, Thiruverumbur, Trichy District.

+1 CC to M/s.R.MURALI, Advocate ( SR-23939[F] dated 27/07/2021 ) +1 CC to M/s.SPL GP ( SR-24179[F] dated 28/07/2021 ) 26.07.2021 RD(2.08.2021) 3P 6C 3/3